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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1680
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MCCREERY .
6568S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 208.247, RSMo, and to enact in lieu thereof one new section relating to the
supplemental nutrition assistance program.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 208.247, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 208.247, 2
to read as follows:3
208.247. 1. Pursuant to the option granted the state 1
by 21 U.S.C. Section 862a(d), an individual who has pled 2
guilty or nolo contendere to or is found guilty under 3
federal or state law of a felony involving possession, [or] 4
use, or manufacture of a controlled substance shall be 5
exempt from the prohibition contained in 21 U.S.C. Section 6
862a(a) against eligibility for food stamp program benefits 7
for such convictions, if such person, as determined by the 8
department: 9
(1) Meets one of the following criteria: 10
(a) Is currently successfully participating in a 11
substance abuse treatment program approved by the division 12
of alcohol and drug abuse within the department of mental 13
health; or 14
(b) Is currently accepted for treatment in and 15
participating in a substance abuse treatment program 16
approved by the division of alcohol and drug abuse, but is 17
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subject to a waiting list to receive available treatment, 18
and the individual remains enrolled in the treatment program 19
and enters the treatment program at the first available 20
opportunity; or 21
(c) Has satisfactorily completed a substance abuse 22
treatment program approved by the division of alcohol and 23
drug abuse; or 24
(d) Is determined by a division of alcohol and drug 25
abuse certified treatment provider not to need substance 26
abuse treatment; and 27
(2) Is successfully complying with, or has already 28
complied with, all obligations imposed by the court, the 29
division of alcohol and drug abuse, and the division of 30
probation and parole; and 31
(3) Does not plead guilty or nolo contendere to or is 32
not found guilty of an additional controlled substance 33
misdemeanor or felony offense after release from custody or, 34
if not committed to custody, such person does not plead 35
guilty or nolo contendere to or is not found guilty of an 36
additional controlled substance misdemeanor or felony 37
offense, within one year after the date of conviction. Such 38
a plea or conviction within the first year after conviction 39
shall immediately disqualify the person for the exemption; 40
and 41
(4) Has demonstrated sobriety through voluntary 42
urinalysis testing paid for by the participant. 43
2. Eligibility based upon the factors in subsection 1 44
of this section shall be based upon documentary or other 45
evidence satisfactory to the department of social services, 46
and the applicant shall meet all other factors for program 47
eligibility. 48
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3. The department of social services, in consultation 49
with the division of alcohol and drug abuse, shall 50
promulgate rules to carry out the provisions of this section 51
including specifying criteria for determining active 52
participation in and completion of a substance abuse 53
treatment program. 54
4. The exemption under this section shall not apply to 55
an individual who has pled guilty or nolo contendere to or 56
is found guilty of two subsequent felony offenses involving 57
possession, [or] use, or manufacture of a controlled 58
substance after the date of the first controlled substance 59
felony conviction. 60
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